High Court Kerala High Court

Kanakamma.D vs State Of Kerala on 22 March, 2010

Kerala High Court
Kanakamma.D vs State Of Kerala on 22 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9229 of 2010(C)


1. KANAKAMMA.D, W/O.GOPINATHA PILLAI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. DIRECTOR OF HEALTH SERVICES,

                For Petitioner  :SRI.C.K.SAJEEV

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :22/03/2010

 O R D E R
                       S. SIRI JAGAN, J
                       ----------------------
                  W.P.(C.) No.9229 of 2010
                  ---------------------------------
           Dated this the 22nd day of March 2010


                       J U D G M E N T

The petitioner is presently working as the Vice-Principal,

Govt. School of Nursing, at Panamaram in Wayanad District.

According to the petitioner, she is qualified for promotion to the

post of Principal. She would submit that 2 vacancies of Principal

are due to arise at Alappuzha and Ernakulam by 31.3.2010 when

the incumbents in those posts retire. The petitioner submits that

she is the mother of mentally retarded female child with 75%

disability. She submits that, that child requires constant

personal attention of the petitioner. The petitioner therefore,

seeks a direction to the respondents to consider the claim of the

petitioner for promotion and a posting either at Alappuzha or

Ernakulam.

2. I have heard the learned Government Pleader also.

3. I am of opinion that even when there are no specific

W.P.(C) No.9229 of 2010

-2-

rules in that regard, a mother of a mentally retarded female child

certainly deserves sympathy and consideration regarding

appropriate posting so that she can attend to the child properly.

That being so, I am of opinion that the petitioner’s claim for

promotion and posting at Alappuzha or Ernakulam is liable to be

considered with the sympathy the petitioner deserves in the

above circumstances.

3. Accordingly this writ petition is disposed of with a

direction to the 1st respondent to consider the petitioner’s claim

for promotion to one of the vacancies at Ernakulam or Alappuzha

and pass orders thereon as expeditiously as possible, at any rate,

within two months from the date of receipt of a copy of this

judgment.

S. SIRI JAGAN, JUDGE

Jvt